Allahabad High Court
SIDDHARTHA MAHESHWARIversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- PRASHANT MISHRA I
Holding
The High Court directed the trial court to decide the case within four months, without unnecessary adjournments, and disposed of the application.
Summary
The applicant, Siddhartha Maheshwari, filed an application under Section 529 of the Code of Civil Procedure seeking an expeditious disposal of a pending criminal complaint (Case No. 75 of 2017) under Section 138 of the Negotiable Instruments Act, which was at the stage of recording evidence. The respondent State of U.P. raised no objection to expediting the matter. The High Court, after hearing counsel, directed the trial court to decide the case within four months of the order, provided there is no legal impediment, and to avoid unnecessary adjournments. No notice was issued to the second opposite party as it was deemed unnecessary. The application was consequently disposed of.
Issues considered
- Whether the trial court should be directed to dispose of the pending Section 138 NI Act case expeditiously under Section 529 CPC?
Legislation cited
- Code of Civil Procedure, 1908 — s. 529
- Negotiable Instruments Act, 1881 — s. 138
Subjects
- expeditious disposal
- Section 138 NI Act
- Section 529 CPC
- adjournment
- criminal trial
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 2254 of 2026
Siddhartha Maheshwari
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Vinay Bhushan Upadhyay
Counsel for Opposite Party(s) : G.A.
Court No. - 84
HON'BLE PRASHANT MISHRA-I, J.
1. Heard Mr. Vinay Bhushan Upadhyay, learned counsel for the
applicant and learned A.G.A. representing the State and perused
the record.
2. The instant application has been preferred by the applicant
with a prayer for expeditious disposal of Complaint Case No. 75
of 2017 (Siddhartha Maheshwari Vs. Samprit Singh), under
Section 138 N.I. Act, Police Station Kotwali Nagar, District
Saharanpur, pending in the court of Additional Civil Judge (J.D.),
Court No. 2, Saharanpur, within stipulated time.
3. Learned counsel for the applicant apprised this Court that the
aforesaid case is pending since 2017 and presently, it is at the
stage of recording of evidence of PW-1.
4. Learned A.G.A. states that no useful purpose would be served
in issuing notice to opposite party No. 2 and keeping this
application pending before this Court and he has no objection if
the matter be expedited in the interest of justice.
5. In view of the above, it is directed that the learned trial court
concerned shall make all endeavour to decide the case
expeditiously preferably within a period of four months from the
NA529 No. 2254 of 2026
2
date of production of certified copy of this order, if there is no
legal impediment, without granting unnecessary adjournments to
either of the parties.
6. With the aforesaid direction, the instant application is disposed
of.
(Prashant Mishra-I,J.)
May 6, 2026
Kashifa
Digitally signed by :-
KASHIFA
High Court of Judicature at Allahabad
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